Breach of contract - Dismissal from employer ADVICE PLEASE

robatwork

I have to say I'd take a dim view if I found someone in our company posting anything private during work time, and a dimmer view if was on behalf of another business. They are using paid time and company resources illegitimately.  That alone is misconduct bordering on gross. 

Sorry but you've really dropped a bollock on this one.

Masomnia

To dismiss for a breach of contract fairly it still needs to be serious enough to warrant dismissal in and of itself. Being 10 minutes late for work one day is a breach of contract but it doesn't mean that it's reasonable to dismiss for it.

I think your best bet is to apologise at the hearing and say you what you've said here that you should have sought permission and you're sorry that you didn't etc. and if they do dismiss you seek legal advice as to the merits of a potential claim.

steampowered

This doesn't sound anywhere near the threshold gross misconduct, so you could challenge the employer if it made a decision to dismiss without giving a warning first.

almanak

what is the procedure btw, up to 3 months as far as I know you have to do that through ACAS, if this time passes, small claim?

Undervalued

almanak said:

what is the procedure btw, up to 3 months as far as I know you have to do that through ACAS, if this time passes, small claim?

There is normally a strict three month time limit to start an employment tribunal claim. There are very few exceptions.

You can only use the small claims court for things like unpaid wages. Unfair dismissal etc can only be claimed at an employment tribunal and yes, ACAS will attempt to mediate first.

Marcon

ljs_1985 said:

Thank you everyone for your advice. It was a stupid mistake and it looks like I’ll pay for it now.

Thanks again

I hope you don't. If what you've said in your posts here is entirely accurate, it sounds like a case for a slapped wrist rather than anything more serious.

If you can face posting the outcome, please do.  Fingers crossed...

almanak

Undervalued said:

almanak said:

what is the procedure btw, up to 3 months as far as I know you have to do that through ACAS, if this time passes, small claim?

There is normally a strict three month time limit to start an employment tribunal claim. There are very few exceptions.

You can only use the small claims court for things like unpaid wages. Unfair dismissal etc can only be claimed at an employment tribunal and yes, ACAS will attempt to mediate first.

which doesn't make any sense cause if you don't want to land long term unemployment you have to find the new job within this 3 months period time

almanak

Marcon said:

ljs_1985 said:

Thank you everyone for your advice. It was a stupid mistake and it looks like I’ll pay for it now.

Thanks again

I hope you don't. If what you've said in your posts here is entirely accurate, it sounds like a case for a slapped wrist rather than anything more serious.

If you can face posting the outcome, please do.  Fingers crossed...

unfortunately I am afraid that he might not be the first. From my observations companies and HR department do not really care about proper procedures. If there is one person who has stronger position in the company and doesn't like you/your job for some reason you can do nothing but stress yourself more. They know (especially HR) that you will be stressed enough not having your salary anymore and too busy trying to find a new job to process anything. And the system (time restrictions) is designed to help them with the situation and hire somebody else.

Undervalued

almanak said:

Undervalued said:

almanak said:

what is the procedure btw, up to 3 months as far as I know you have to do that through ACAS, if this time passes, small claim?

There is normally a strict three month time limit to start an employment tribunal claim. There are very few exceptions.

You can only use the small claims court for things like unpaid wages. Unfair dismissal etc can only be claimed at an employment tribunal and yes, ACAS will attempt to mediate first.

which doesn't make any sense cause if you don't want to land long term unemployment you have to find the new job within this 3 months period time

An employment tribunal can't give you your job back. Well, technically, they can order reinstatement but it never happens as the only sanction if the employer ignores the order is something like (from memory) a few extra weeks wages as compensation.

HopeAndDriftWood

If you didn't schedule the post, don't lie about having done so. If they know what they're talking about, or they do any research at all, they'll see that it records when you do things - so they'll ask you prove it.